During 2001 and due to the seriousness of and the high number of attacks on farms, and the large number of persons killed or otherwise seriously injured, Agri SA developed a protocol to improve the control of persons moving onto or crossing farm property. Some of these attacks, unfortunately, were carried out by persons pretending to be members of the Security Services and even wearing uniforms.
The Protocol was consulted with the Security Services (SAPS and SANDF) and their Legal Services. Certain amendments were made and in May 2002 the Security Services accepted the Protocol on condition that it should in no way inhibit them from performing their lawful duties.
At the same time the Security Services will be sensitive to the justifiable concerns of the farming community and will bide by the Protocol as far as possible.
Accordingly the Protocol determines that no visitor shall in future be allowed access to any farm property, except in the following cases:
Security Services
(Security Services refers to the SA Police Service and the SA National Defence Force as well as members of the commandos:)
1. Preferably per prior arrangements
2. In clearly identifiable vehicles and clothing (uniforms)
3. Report immediately to the owner when accessing / entering the property and show identity document
4. Inform the owner of the nature and duration of the proposed visit.
5 Land owners undertake to give their full co-operation to security forces in the execution of their duties.
Other officials who, in terms of the statutory arrangements, have the right/ power to access the property in order to carry out their duties:
(This group includes inspectors of the Department of Health, Home Affairs, Labour, Agriculture, etc.)
- Only per prior arrangements/appointment with and from the owner or other person in charge of the property.
- When accessing or entering the property or premises, report immediately to the owner or person in charge of the property.
- The said official shall identify himself properly, explain the nature of his business and state how long he expects to remain on the property.
- The official shall perform no tasks or actions other than those for which he has statutory sanction.
- If the officer does not succeed in making an appointment because he could not make contact with the owner or person in charge of the property, or because the request for an appointment was turned down, he must contact the local farmers’ association or district agricultural union or the SAPS to assist him in the matter.
Private persons who may visit farms in terms of a statutory arrangement:
(These include persons, who, in terms of the Extension of Security of Tenure Act, for example, have the right to visit people on the farm.)
- Only per prior arrangement/appointment with the owner of the farm or the person in charge of the property.
- The visitor shall use a pre-determined identified route to the farm worker houses or his ancestors’ grave.
- There must be a definite agreement on the duration of the visit.
- The visitor shall not undertake any activities other than those for which he has obtained permission.
- Per arrangement to meet with farm workers at a suitable venue on the farm.
- Farmers shall make it possible for their workers to attend such meetings and, where practically possible, shall provide transport to such venues.
- Only in highly exceptional cases shall persons be allowed access to the farm and then only with prior and explicit arrangement with the owner or person in charge of the property, and subject to such conditions as the owner or person in charge may prescribe.
- Agricultural organizations and the broad farming community’s approach shall be to stabilize the security situation in this way and they shall not use this protocol to deny people who have a bona fide right or request such access to the property.
- Officials and persons who wish to obtain access to property shall show understanding for the state of emergency currently experienced on farms and shall not be guilty of intimidating or challenging behaviour and shall limit requests for access to farms to visits that are reasonably essential or necessary.
Private persons without statutory rights
(These include researchers, political organizers, worker organizers, religious workers, etc.
- Per arrangement to meet with farm workers at a suitable venue on the farm.
- Farmers shall make it possible for their workers to attend such meetings and, where practically possible, shall provide transport to such venues.
- Only in highly exceptional cases shall persons be allowed access to the farm and then only with prior and explicit arrangement with the owner or person in charge of the property, and subject to such conditions as the owner or person in charge may prescribe.
General
- Agricultural organizations and the broad farming community’s approach shall be to stabilize the security situation in this way and they shall not use this protocol to deny people who have a bona fide right or request such access to the property.
- Officials and persons who wish to obtain access to property shall show understanding for the state of emergency currently experienced on farms and shall not be guilty of intimidating or challenging behaviour and shall limit requests for access to farms to visits that are reasonably essential or necessary.
